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Litigation is the traditional and sometimes the best approach to a dispute.
Litigation involves filing a lawsuit which must be defended in Court. The easiest way to think of "litigation" is as a fight which is conducted in the arena of the correct Court. The Referee is the Judge. There may or may not be a "trial," there may or may not be a Jury, but generally even without a trial when the Judge must make the decisions, there is a winner and there is a loser in the litigation fight. In cases where the Court has the best resources or remedy to resolve the issues for the parties, filing a law suit in Court is the best option. Once in the court system, there are complex procedures which must be followed and theories of law which must be understood in order to win the fight. Although it is not required, it is generally accepted practice to hire legal counsel to protect a party's legal and procedural rights since, faced with all of the procedural rules and legal language involved in the legal system, disputants benefit greatly from a zealous lawyer in the Court room. When winning is what matters, litigation is the correct choice, but there are also other reasons to resolve a dispute by Court litigation, including the nature of the issues involved in the dispute, the prior history of the parties to the dispute, and/or the prior history of Court involvement in the case. |
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When is the Court is in the best position to resolve the dispute? |
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One or all of the parties involved prefer to have their dispute resolved by a trial.
One party feels as though they are in an unequal position in the dispute.
The parties simply cannot agree on a resolution.
Prior alternative dispute resolution methods have failed, or the parties have walked away from the negotiations. |
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In some cases the Court remains involved to protect the parties. |
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Potential criminal issues may be implicated in the dispute.
There is a past history of abuse between the parties involved in the dispute.
Prior Orders of the Court limit the contact of the parties to the dispute.
One or both parties require the court to protect certain information which may be disclosed during the dispute. |
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| Litigation Features: |
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Many Courts today employ a staff of Court Mediators who attempt to help the parties resolve their disputes on their own. Often this is the parties "first stop," when they arrive at the Courthouse. |
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Parties can agree to put litigation on hold while they they try alternative means to resolve the dispute. Litigation can begin again after alternative dispute resolution attempts, if it is necessary to do so. |
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Parties can begin to resolve their dispute through alternative methods, but later decide to bring their issues to Court instead. |
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When the court room is the best possible alternative you'll want a zealous advocate. |
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Initial consultation is provided at no cost to the client. For further information call
(508) 603-0048, click Online Inquiry form,
Please Note: Information contained on this page is presented for purposes of explanation and comparison only. It is not to be construed as advice of any kind and should not be relied upon. | | |
